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(영문) 광주지방법원 2018.12.28 2018노3370
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The facts that the Defendant recognized the instant crime and reflects the determination, that the instant crime ought to be considered in the case of fraud at the same time as indicated in the judgment of the court below, that is, the agreement with the victim G at the stage of the court below, and that part of the amount of damage ( approximately KRW 400,000) is deemed to have been repaid to the victim E through the Gwangju Metropolitan City Tourism Association.

However, the fact that the defendant has a criminal record of the same fraud, and the damage to the victim E has not been fully recovered until the trial is the case is the disadvantageous condition.

There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unbrupted so that it cannot be deemed unfair.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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